Effective Date: November 1, 2022
Please read and review these TERMS AND CONDITIONS OF USE carefully before accessing or using this web site.
These Terms affect your legal rights and obligations.
Welcome to the LUCITÀ Website (https://www.lucita.net). LUCITÀ, Inc. (hereafter referred to as “LUCITÀ,” “we,” or “us”) owns and operates https://www.lucita.net and other Websites that may be co-sponsored by LUCITÀ Inc. and other third parties (hereafter collectively referred to as the “Websites”). If you visit or shop at the LUCITÀ Website or other websites operated by LUCITÀ Inc., you accept these Terms and Conditions of Use.
The Terms and Conditions of Use (hereafter referred to as “Terms”) in this Agreement govern your use of the Websites, the Services and/or other interactive features that are accessible or downloadable through the Websites. Please review these Terms carefully. They are legally binding and cannot be modified except as specifically described below.
You represent and warrant that you are more than thirteen (13) years of age and that, if you are under eighteen (18) years of age, your legal guardian has agreed to be bound with you by these Terms. Otherwise, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority and capacity to agree to and abide by these Terms in their entirety.
These Terms may be updated by LUCITÀ at any time and at its sole discretion. Therefore, you should review the Terms before each use of any of the Websites. Once any new terms are posted on the Websites, they become effective immediately, and shall be dated as of the new Effective Date for your reference. Your use of any of the Websites after the new terms are posted will signify your agreement to be bound by the new terms.
The Websites (including all past, present and future versions) contain a variety of protected content, whether in the English, Spanish or other languages, including but not limited to: a.) copyrighted audiovisual material, such as photographic images, artwork, illustrations, graphics, videos, music files, audio files and other materials; b.) copyrighted written material, such as text, poems, captions, articles, blogs, directories, advertising and promotional materials; c.) other copyrighted materials, such as data, software, formulas, compilations, front and back end graphical user interfaces, and the overall “look and feel” of the Websites; d.) trademarks, logos, trade names, service marks, and trade identities, and the domain names and URLs associated therewith, whether registered or unregistered (collectively the “Trademarks”); and e.) other forms of intellectual property. All of the foregoing collectively and individually are hereafter referred to as “Content.”
Ownership: The Websites and the Content are owned by LUCITÀ or its licensors. All right, title, and interest in and to the Websites and the Content of the Websites is the sole property of LUCITÀ or its licensors, except where specifically indicated, and is protected by U.S. and international copyright, trademark, patent and trade secret law and other proprietary rights, treaties and laws as an original work, a compilation and a collective work. Except to the minimum extent otherwise expressly permitted under applicable law or the Terms and Conditions of Use, no reproduction, modification, copying, creation of derivative or similar works, selling or exploiting for commercial purposes, or other exploitation of the Websites, the Content or any portion thereof is permitted without the express prior written permission of LUCITÀ. This applies to copyrighted Content regardless of whether or not a copyright notice appears on such materials, and applies to Trademarks, whether registered or unregistered, and regardless of whether or not a trademark notice appears on such materials.
LUCITÀ does not claim ownership of any of the content posted by third-party users of its Websites. Any copyright, trademark, and other intellectual property rights that may pertain to that content are the sole and exclusive rights of the author/artist who created such content. However, by posting such material in any of the public areas of the Websites, you automatically represent and warrant that you have the right to grant, and have chosen to grant, a perpetual, irrevocable license to LUCITÀ to copy, perform, display and distribute such content and to prepare derivative works of, or incorporate said content into, other works.
Responsibility for the Content: Any content, including but not limited to, blogs, comments, opinions, images, audio, music files and other content posted or uploaded to the Websites by anyone outside of LUCITÀ (such as collaborating authors, artists, scholars or the general public), are the sole responsibility and work of the respective author or artist and not of LUCITÀ. Reliance upon any statements, promises, forecasts or advice made therein is therefore at the user’s own risk. Each respective author or artist is responsible for the content of his or her statements, or the usefulness or validity of any information contained therein.
LUCITÀ does not guarantee, adopt, endorse, nor is responsible for the accuracy, comprehensiveness, completeness, validity or usefulness of any content, information, opinion, advice or statement available on the Websites or through the Services. By using the Websites and/or Services, you affirm that you understand this and that you hold LUCITÀ harmless from any and all loss or damage resulting from your or anyone’s reliance on any content, information, feature, functionality or other aspect of the Websites and/or Services.
Third-party Sites: The Websites may contain or provide hyperlinks, banner advertisements, pop-ups and/or other online methods to redirect you to other third-party Internet Websites, pages, blogs and/or resources. You acknowledge and agree that LUCITÀ is not responsible or liable for: (i) the availability or accuracy of such Websites, pages, blogs or resources; or (ii) the content, advertising, products, services or other information on or available from such Websites, pages, blogs or resources. The inclusion of any link to third parties on the Websites does not imply that LUCITÀ endorses the linked third-party Websites.
License: We grant you a nonexclusive, nontransferable, revocable, limited License to access, view, and print Content of the LUCITÀ Website only for your personal, non-commercial use. You may not copy, emulate, reproduce any part of the Websites in any form or incorporate into any information retrieval system whether electronic or mechanical, or rent, lease, decompile, disassemble, clone, attempt to discover the source code for, or reverse engineer the Websites, the Services or any portion thereof. You may not remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Content. In addition, this License specifically prohibits you from using any software, script, code, routine, process or device to interfere with the normal or proper working order of the Website or Services. You may not engage in any action that creates an unreasonable large load on the infrastructure of the Websites. Unauthorized access to the Websites and/or Services breaches this Agreement and is a violation of applicable laws. This License may be revoked at any time at the sole discretion of LUCITÀ.
Title: Title to any Content that you download or print is not transferred to you. You may own the medium on which the Content is recorded or printed, but we or our licensor retain all right, title, and interest in and to such Content, and all intellectual property rights therein. You acknowledge that you do not acquire any ownership rights in any Content by using the Websites or by virtue of downloading, printing, modifying or using the Content. All rights not expressly granted under the Terms and Conditions of Use are expressly reserved to LUCITÀ or its licensors, as applicable.
Notice and Procedure for Making Complaints Regarding Copyright of Content: We respect the intellectual property of others and we require that you do the same. We have a policy of terminating the access of users, within our reasonable discretion, to the Websites who infringe the rights of others. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notice of claims of copyright infringement with respect to Content. To notify us of any Content that you believe infringes your rights or the rights of others, please provide the following information to the LUCITÀ Copyright Agent listed below:
a.) your name, address, telephone number, and email address;
b.) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works on the Websites are covered by a single notification, a representative list of such works on the Sites;
c.) identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LUCITÀ to locate the material, such as the URL or a reasonable description of where the alleged infringing material is located on the Sites;
d.) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e.) a statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are the copyright owner or legally authorized to act on the copyright owner’s behalf; and
f.) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
You may use the Websites only for lawful purposes. You agree that you shall at all times comply with all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like that is or may be applicable to your use of the Website, Services and/or the Content. You also agree that you are solely responsible for the content and / or information that you publish, transmit and / or post on the Websites. You agree not to:
– Submit via the Websites anything that is or may be: (i) harmful, threatening, abusive, harassing, degrading, hateful, or intimidating; (ii) defamatory, libelous, or disparaging; (iii) misleading, false, fraudulent, or tortious; (iv) obscene, indecent, pornographic, vulgar, profane, or sexually explicit; (v) intended to promote (or have the effect of promoting) violence, racial hatred, terrorism or illegal acts; (vi) infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party; (vii) in violation of any other rights of any person or entity; (viii) in violation of any law or regulation; or (ix) otherwise objectionable, in our sole discretion;
– Collect, transmit or harvest personally identifiable information about other users of the Websites, whether or not for commercial purposes, without their express written consent, or repeatedly contact, “stalk” or otherwise harass other persons;
– Include in your user account any telephone numbers, street addresses, last names, URLs, email addresses, offensive anatomical or sexual references or offensive language, or any confidential information of any third person without that party’s explicit written permission;
– Transmit any chain letters, spam or junk email to other users;
– Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity, including LUCITÀ; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information or submissions to us or through the Websites; or expressly state or imply that we endorse you or any statement you make;
– Remove any copyright, trademark or other proprietary rights notices contained on the Websites;
– Post, distribute or reproduce in any way any copyrighted material (including written materials, research, blog posts, photographs, images of art work or audio files), trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
– Submit via the Websites, email or otherwise transmit any virus, worm, “Trojan Horse,” “easter egg,” “time bomb,” spyware, or any other computer code, file, or program that may or is intended to limit, damage, destroy, hijack, or otherwise interfere with the operation of the Websites or any hardware, software, or telecommunications equipment or with any third party’s uninterrupted use and enjoyment of the Websites;
– Submit, or attempt to submit, any content that constitutes or contains advertising, promotional materials, “affiliate marketing,” “link referral codes,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “bait and switch,” investment opportunities, or any other form of solicitation to or through the Websites;
– Use the Websites for commercial or business purposes without the express, written, prior permission of LUCITÀ, including, without limitation, for advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation, or through linking with or artificially generating traffic to any other Website or web page;
– “Frame” or “mirror” any part of the Websites except as explicitly authorized or permitted in writing by LUCITÀ in advance;
– Use metatags or code or other devices containing any reference to LUCITÀ, the Services or the Websites in order to direct any person to any other Website for any purpose;
– Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, decipher, or disassemble any portion of the Websites or any software used on or for the Websites, or cause others to do so;
– Except for search engines presenting links to users searching for the Websites or related content, use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” scrape, or in any way reproduce or circumvent the navigational structure or presentation of the Websites or its contents, unless otherwise explicitly authorized or permitted in writing by LUCITÀ in advance;
– Violate or attempt to violate the security of any portion of the Websites, including but not limited to: (i) access content or pages on the Websites that you are not authorized to access; (ii) log into a server or account that you are not authorized to access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempt to interfere with or disrupt the Websites or the servers or networks that support the Websites, including, without limitation, via means of submitting a virus to the Websites or overloading, “flooding,” “mailbombing” or “crashing” the Websites; or (v) restrict or inhibit any other user from accessing or using the Websites, including, without limitation, by means of hacking or defacing any portion of the Websites; or
– Use the Websites in any way that would adversely affect or reflect negatively on LUCITÀ or our goodwill, name, or reputation.
Forums, Postings and User Generated Content: We may provide forums, message boards, chat rooms or other interactive areas on the Website (hereafter referred to as “User Forums”) to give you an area or public forum to express your opinions and share your ideas, information and materials, and to make Submissions of content, communications, information, or other materials.
Whenever you make a Submission to a User Forum or some other aspect of the Websites or directly to LUCITÀ (including by email), you: (i) grant to LUCITÀ and its affiliates an irrevocable worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free right and license to use, exploit, reproduce, modify, adapt, translate, incorporate in other works, and otherwise create derivative works from, publish, distribute, transmit, broadcast, perform, display, and otherwise exercise all rights in and to such Submission (including the right to use or not use your name, voice, likeness and other identifying information in connection therewith), via the Website or otherwise, in any form, media, or technology now known or later developed, without any compensation to you; and (ii) consent to all relevant acts or omissions in relation to your moral rights in such Submission (if any) which are or might otherwise constitute a breach or infringement of those moral rights and, to the extent permitted by law, waive all your moral rights in such Submission, even if such material is altered or changed in a manner not agreeable to you.
In our efforts to respect the original form or expression of any given Submission, we shall endeavor not to change the same, to the best of our ability, when we exercise our rights outlined above, but may need to do so in some cases. In those cases where the Submissions are, or are perceived by us to be, your own original words, we shall, to the best of our ability, contact you via email to request your express permission to quote your words on the Websites or on other materials related to the Websites. However, we retain the right to quote you even in the event of not receiving your express permission.
We are not responsible for, and we do not endorse, the Submissions posted in User Forums by users of the Websites. We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any Submission that is posted on any User Forum or that is otherwise available through the Websites. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, or remove any Submission submitted by any user to a User Forum. We specifically disclaim any responsibility or liability to any person or entity for any loss, damage, injury, claim, liability or other cause of any kind or nature or character based upon or resulting from any Submission.
Dealing with Other Users: LUCITÀ does not control the comments or information that is posted or provided by users on this Website. Please use common sense and caution and keep your safety in mind when dealing with other users on our Websites. LUCITÀ bears no responsibility, duty or obligation to monitor any dispute between users. You are solely responsible for any interactions that you have with other users or third parties that you may encounter through our Websites and/or Services. In the event that you have a dispute with any other user or third party found through our Websites and/or Services, you agree to hold all LUCITÀ Parties harmless in any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such disputes and release all LUCITÀ Parties from any liability connected with such disputes. If you are a California resident, you agree to specifically waive California Civil Code Section 1542, which states that “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Third-Party Advertisers: Third party advertisers (hereafter referred to as “Advertisers”) may offer goods, services and other materials to you on or through the Websites. Your correspondence and business dealings with advertisers found on or through the Websites including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the Advertiser. Third-party descriptions of, or references to, products, services, materials or publications within the Website do not imply any kind of endorsement of that product, service, material or publication. LUCITÀ will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services and other materials on the Websites. Please review carefully all policies and practices before you engage in any business dealings with any third party. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
No SPAM Policy: You acknowledge and agree that sending unsolicited email advertisements to our users, whether or not you are using LUCITÀ’s computer system to send such email, are expressly prohibited by this Agreement. Such use may constitute a violation of federal and state law including, but not limited to, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) and the CAN-SPAM Act of 2003. Such misuse of the Websites and/or Services may subject the sender to civil and criminal penalties. If we are informed that you are sending such email advertisements, we will terminate your account immediately and, if necessary, will take other steps to keep you from using the Websites and/or Services.
User Warranties: By use of the Websites, you represent, warrant, and covenant to LUCITÀ that you are 18 years of age or older, and that your use of the Websites does not violate any applicable law or regulation. In addition, you agree that you are solely responsible for any and all information and content that you post, email, submit or otherwise make available to the Websites or directly to LUCITÀ, (hereafter referred to as “Submissions”). By doing so, you represent and warrant to LUCITÀ that each such Submission: (i) is not confidential and that you have all necessary permission to make such Submission; (ii) contains information that is correct, complete, and current; and (iii) does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights.
You agree to indemnify, defend, and hold LUCITÀ, its subsidiaries and affiliates, and each of their respective members, officers, directors, executives, employees, owners, and authorized agents (referred to throughout this Agreement as “LUCITÀ Parties”), harmless from and against any and all claims, actions, losses, expenses, damages, and costs (including reasonable attorneys’ fees), resulting from: (i) your use of and/or reliance upon any aspect of the Websites and/or Services; (ii) any breach or violation of the Terms and Conditions of Use or any law, rule, or regulation; (iii) the posting, submission, display, transmission, exchange, performance, publication, distribution, sharing, dissemination, promotion, broadcast, and/or circulation by you of any Content on or through the Websites; (v) the theft or misappropriation of your username or password; (vi) disclosure of your username or password; or (vii) your authorization of anyone else to use your username or password.
LUCITÀ reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action brought against LUCITÀ and all negotiations for settlement or compromise, and you agree to fully cooperate with LUCITÀ in the defense of any such claim, action, settlement, or compromise negotiations, as requested by LUCITÀ. In no event will you settle any such claim or action without our prior written approval.
ALTHOUGH WE ENDEAVOR TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE WEBSITES, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE WEBSITES. THE WEBSITES (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND OTHER MATERIALS CONTAINED ON AND/OR OBTAINED THROUGH THE WEBSITES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LUCITÀ PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY LUCITÀ PARTY, WHETHER MADE ON THE WEBSITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, THE LUCITÀ PARTIES DO NOT WARRANT THAT THE WEBSITES WILL BE AVAILABLE, THAT YOUR USE OF THE WEBSITES WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE WEBSITES (OR THE SERVERS THAT MAKE THEM AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, THE LUCITÀ PARTIES DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE LUCITÀ PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OR FUNCTIONALITIES OF THE WEBSITES, YOU ACT AT YOUR OWN RISK. THE LUCITÀ PARTIES DO NOT WARRANT THE QUALITY OF THE PRODUCTS, SERVICES, CONTENT OR INFORMATION LISTED ON THE WEBSITES. BY PURCHASING ANY OF THE PRODUCTS OR USING ANY OF THE SERVICES LISTED ON THE WEBSITES OR THAT YOU COME IN CONTACT WITH THROUGH THE WEBSITES, YOU ACT AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL THE LUCITÀ PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES OR ANY PROFESSIONAL, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE LUCITÀ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE LUCITÀ PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION OR MALICIOUS ACTIVITY.
YOUR ACCESS TO AND USE OF THE WEBSITES ARE AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITES OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITES OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY US OR OUR LICENSORS, OR ANY OTHER EQUITABLE REMEDY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE OR OTHER CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
These Terms and Conditions of Use are subject to change at any time, with or without notice. All changes are effective upon their posting on any of the Websites. You agree that it is your responsibility to bookmark this page and any other pages on any other Websites where these Terms appear and to check them frequently for updates to your Agreement with us.
LUCITÀ controls and operates the Websites from offices located in the United States and makes no representations or warranties that the content, information, products or services contained or displayed on the Websites are appropriate for use or access in other locations. Anyone using or accessing the Websites from locations other than the United States does so on their own initiative and are responsible for compliance with United States laws, if and to the extent applicable. LUCITÀ reserves the right to limit the availability of the Websites and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in its sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
The Terms and Conditions of Use and the interpretation of the Terms and Conditions of Use will be governed by and construed under the laws of the State of California, without regard to conflict of law principles. You agree and submit to the exclusive and mandatory jurisdiction and venue of the State and Federal Courts situated in the county of Santa Clara, California and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise. Any cause of action or claim arising out of the Terms and Conditions of Use or your use of the Websites, regardless of form or the basis of the claim, must be brought within one (1) year after the cause of action arose or, if multiple causes, from the date the first such cause of action arose.
Should a dispute arise concerning the terms and conditions of this Agreement or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in San Francisco, California, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.
We are not responsible for any loss, damages, costs, claims or expenses which you may incur as a result of our delay in or failure to perform our obligations where such delay or failure is due to causes beyond our control. Causes beyond our control include, but are not limited to: fire, flood, earthquake, accident, civil disturbances, war, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, acts of God and acts of Government.
The Terms and Conditions of Use, together with any Additional Terms, constitutes the entire understanding and agreement between you and LUCITÀ and supersedes any and all prior or inconsistent understandings relating to the Websites and your use of the Websites and services provided by the Websites. The Terms and Conditions of Use inure to the benefit of LUCITÀ’s successors, assigns, and licensors.
The Terms and Conditions of Use cannot be changed or terminated orally. Any failure of LUCITÀ to exercise or enforce any right or provision of the Terms and Conditions of Use will not constitute a waiver of such right or provision. No waiver by LUCITÀ of any provision of the Terms and Conditions of Use will be of any force or effect unless made in writing and signed by a duly authorized officer of LUCITÀ. If any provision of the Terms and Conditions of Use is held to be illegal, invalid, or unenforceable, then the provision will be deemed severable from the Terms and Conditions of Use and will not affect the validity and enforceability of any remaining provisions. The section titles in the Terms and Conditions of Use are inserted only as a matter of convenience and have no legal or contractual effect.
You agree that these terms will not be construed against LUCITÀ by virtue of having drafted them.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the Terms and Conditions of Use or by registration as a Member.
You understand and agree that LUCITÀ will determine your compliance with the Terms and Conditions of Use in its sole discretion. LUCITÀ reserves the right to deny access to all or part of the Websites to you or any person in its sole discretion without notice or liability of any kind. LUCITÀ also reserves the right to use any technological, legal, operational, or other means available to enforce the terms of the Terms and Conditions of Use, including without limitation, blocking specific IP addresses or access to the Websites using your email address, username or password.
If you have questions about the Websites or the Terms and Conditions of Use, or any comments or complaints, please contact LUCITÀ at firstname.lastname@example.org.